BIAC’s Governing Board has the following competencies:
(a) To appoint and remove the BIAC’s President pursuant to the Administrative Council’s decision;
(b) To appoint and remove arbitrators (foreign and Romanian) to the BIAC pursuant to the nominations approved by the Administrative Council, and
(c) To carry out and exercise those competencies as stipulated in the BIAC’s Rules of Arbitration.
The Governing Board is composed of between three (3) to seven (7) persons with arbitration experience, whether foreign or Romanian, with the possibility to include members of the Governing Board on the BIAC’s list of arbitrators.
Each member is appointed by the Administrative Council for a three (3)-year term, with the right to be re-appointed for a single additional term of three (3) years, meaning a possible total of six (6) years. In the event of the resignation or incapacity of any Governing Board member, the Administrative Council is appointing a replacement member, pursuant to the recommendation of the other existing members of the Administrative Council and the then current members of the board of the AmCham Romania, within thirty (30) calendar days of the date on which the previous member’s resignation came into effect or date of incapacity.
A meeting of the Governing Board shall have quorum if a majority of the then existing members (i.e., two out of three, three out of five, etc.) shall be present at the particular meeting, provided however, that any Governing Board member not physically present shall nonetheless be deemed as present for quorum purposes in the event that she/he shall have provided by the commencement of the meeting her/his vote(s) and/or replies by email with respect to the particular meeting’s agenda. Any decision is approve by the Governing Board pursuant to a simple majority (greater than 50%) of those members present at a Governing Board meeting which has quorum.
Pursuant to the recommendation of the Administrative Council, the Governing Board is appointing a secretary general (the “Secretary General”) from among its members, who is tasked with the carrying out of the board’s administrative duties. The Secretary General is appointed pursuant to a simple majority vote of the other Governing Board members.
The Governing Board has the right to form at its discretion sub-committees (comprising between three to five persons) from among its members to carry out various tasks, such as but not limited to, the appointment of arbitrators to arbitration tribunals and/or nomination of the president of an arbitration tribunal, the review of draft arbitral awards, etc. A decision to form a sub-committee and the appointment of the respective Governing Board members to said sub-committees shall necessitate a simple majority vote of the then existing members of the Governing Board.
- Lucian Mihai, University of Bucharest
- Dan Oancea, University of Bucharest
- Duncan Speller, Partner, WilmerHale
- Dan Vișoiu (Secretary General)